Although charges of theft are common in front of the courts on a daily basis, the finding of guilt can have significant consequences for an individual and can limit their ability to travel, gain employment, and impact their family. Police will lay either a charge of “Theft Under $5,000” or “Theft Over $5,000” conditional on the value of the item alleged to have been stolen. It is also not uncommon for multiple charges of theft to be laid by the police when it is alleged that the conduct has been carried out over a number of days, weeks, months or even years.
Section 322 (1) Criminal Code of Canada – Theft
This section states:
Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent
(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
(b) to pledge it or deposit it as security;
(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
(d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.
Section 334 Criminal Code of Canada – Punishment for Theft
This section states:
Except where otherwise provided by law, every one who commits theft
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the property stolen is a testamentary instrument or the value of what is stolen exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,
where the value of what is stolen does not exceed five thousand dollars.
Been Charged With Theft?
Entering a plea of guilty before speaking with a lawyer can be detrimental and may result in not attaining the most favourable outcome for your case. Being found guilty of “Theft Over $5,000” can carry a maximum term of imprisonment of ten years. Let an experienced Criminal lawyer from G Law Group defend your rights and ensure the crown is forced to keep to the strict onus of guilty beyond a reasonable doubt.
If you need a lawyer, please call us at, 905-497-7200